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Citizens for an Orderly Energy Policy v. Suffolk, County of

Citation: 17 ELR 20534
No. Nos. 85-7321 et al., 813 F.2d 570/(2d Cir., 03/09/1987) Aff'd

In a per curiam opinion, the court holds that Suffolk County's resolutions not to participate in off-site emergency evacuation planning for a proposed nuclear power plant do not violate and are not preempted by the Atomic Energy Act, the Supremacy Clause, or 42 U.S.C. § 1983. The resolutions do not prevent the Long Island Lighting Company (LILCO) from applying for an operating license from the Nuclear Regulatory Commission for the proposed plant, and contrary to LILCO's argument, the district court did not base its decision on the assumption that LILCO would receive a license.

[The district court's opinion appears at 15 ELR 20511.]

Counsel for Appellant
Lucinda Low Swartz
4403 Everett St., Kensington MD 20895
(301) 564-0196

Counsel for Appellees
Martin B. Ashare
Suffolk County Dept. of Law
158 N. County Complex, Hauppauge NY 11788
(516) 360-4542

Before Timbers, Meskill & Kearse, JJ.